Divorce

Divorce in Puerto Rico:

Divorce in Puerto Rico is very different from that in other jurisdictions of the United States. First, divorce law in Puerto Rico is influenced by Spanish law, which is a “civil law system” as in other Latin American countries. The system is governed by codes that contain the law and how it should be applied. In addition, Puerto Rico’s divorce law also draws from the U.S. “common law system,” which relies more on cases determining the law and its application. Federal law controls many cases, but the case needs to be approached from the family law in Puerto Rico’s civil code to determine how the dissolution of marriage or child custody cases should proceed. This makes a Puerto Rico divorce and child custody case more complex than most states. In many instances, Puerto Rico law allows cases to remain open for extended periods; for example, Puerto Rico allows 21 to 25-olds or beyond to request support if they meet certain criteria. Also, Puerto Rican courts try to extend their reach farther than others to people who might not have lived on the island. In addition, divorce cases in Puerto Rico are seen in Spanish, which can be challenging when non-Spanish speakers or U.S. institutions or entities are involved. That is why having a lawyer who works as you expect from a U.S.-based law firm and is also accustomed to litigating cases on the island is so important.  

Stages of a Puerto Rico Divorce:

Divorce in Puerto Rico has several different stages unless there is a mutual agreement between the spouses that settles all outstanding issues in the marriage at one time.

1st Stage of a Puerto Rico Divorce:

The first stage is dissolving the actual marriage, the dissolution of marriage stage, “disolución del vínculo matrimonial,” which breaks the marital bonds and marks the end of the marriage relationship. At the end of this case, the spouses are no longer married, and their status changes to unmarried. Generally, new debts and obligations are no longer linked to the other ex-spouse and are solely the responsibility of the incurring spouse. During this stage, alimony or spousal support is determined.

2nd Stage of a Puerto Rico Divorce:

The second stage of a Puerto Rico divorce is the division of property. This is when the court divides all the assets and liabilities of the marriage. Everything that the marriage accumulated during the marriage must be disposed of and divided. Puerto Rico does not follow the same rules that most states follow regarding the division of assets. Most states, like Florida, Massachusetts, and New York, use the standard of equal distribution of the assets, which works to split the assets and liabilities equally, 50/50, or as close to it as possible. Puerto Rico is a community property jurisdiction based primarily on Spanish law. In Puerto Rico, community property law states that all assets and liabilities are owned by a marital partnership, which can only be dissolved by the death of one of the spouses or by the courts. The courts can divide unequally among the spouses. They are not bound by the 50/50 equal distribution of the assets rule, which is in place in most states.

Usually, the division of the assets is done after the divorce phase or the dissolution phase. It is generally filed in a separate case.

Conjugal Partnership / “Sociedad de Bienes Gananciales”:

Under community property law in Puerto Rico, a marriage involves three entities: the two spouses and a marital partnership, or “sociedad de bienes gananciales.” This conjugal partnership is a separate entity that encompasses the financial relationship of the spouses. It can resemble a trust or a family LLC in that it takes all the assets and liabilities (that the spouses acquire during the marriage) and holds them in a separate entity, which owns it for the benefit of the spouses. Just like a trust or a company, the owners have fiduciary duties and some shared rights. Both spouses are equal owners. They both have equal rights to it, which means they have equal rights to manage, use, and enjoy the assets and fruits it produces. Some fiduciary responsibilities are attached to the spouses, such as one spouse cannot fraudulently dissipate or appropriate assets to the detriment of the other (one spouse cannot steal or hide assets from the other).

Joint ownership of assets is especially tricky when dealing with this type of legal principle. Outside of Puerto Rico, the title of a property can indicate sole ownership of that property. This means that the person on the title is the property owner. In Puerto Rico, if a property is acquired during the marriage, the property automatically belongs to the conjugal partnership (“sociedad de bienes gananciales”) regardless of who is on the title. This makes it very difficult to maneuver when property is acquired both inside and outside Puerto Rico. Many of our clients do estate planning; they might own property individually for those purposes, but when they move to Puerto Rico or when Puerto Rico is involved in a divorce matter, these rules might not apply. In Puerto Rico, if a house is purchased during the marriage, even if the property is titled in only one of the spouse’s names, it belongs to both. The general rule is that the law in the state where the property sits controls that property. However, given its expansive jurisdictional reach, Puerto Rico can often sidestep this.

Outside some limited exceptions, the same thing applies to the debts incurred during the marriage by the spouses. The liquidation or dissolution of the conjugal partnership stage will also dispose of or divide the debt between the spouses, and debts can be ordered to be paid before the spouses receive their share of the partnership’s assets.

Given the intricacies of a Puerto Rican divorce case, consulting with us before taking action is essential. There are specific ways to overcome and limit the adverse effects that a case like this might bring about. You want to protect your rights in a Puerto Rico divorce or child custody case because the decisions could have a long-lasting effect on your financial well-being going forward.

3rd Stage of a Puerto Rico Divorce Case:

The third stage of a Puerto Rico divorce case is the resolution of child-related issues. The court will determine issues like child custody, including legal and physical custody. Many states call legal and physical custody, parental responsibility, and timesharing.

In addition, child support will be addressed in this third stage of a Puerto Rico divorce. In Puerto Rico, child custody legal custody means which parent one or both will decide significant life changes for the child or children. In Puerto Rico, legal custody is called “patria potestad.” A parent with legal custody can make legal decisions, such as location, medical treatment, and school changes, without consulting the other parent. If both have legal custody, both parents will have a say in these significant life decisions. Physical custody deals with where the child or children will reside. It can be assigned to one or both equally, or the court may decide a different ratio for the child’s residence. Also, the court can be assigned visitation in cases where the child or children live primarily with one parent. Puerto Rico follows the best interest of the child’s legal standard, which means that the court will look for an arrangement that is better suited for the welfare of the child or children. That is the court’s primary objective, which is to find which custody arrangement better suits the child or children. An assignment of child support follows the assignment of legal and physical custody. The court will evaluate several factors in determining the amount of child support to be awarded. Some of these factors are which spouse, if any, has more responsibility for the child or children, the child’s needs, the ability of the parents to pay, the standard of living of the parents and child, and many others. This amount of support can fluctuate during the child’s life, but most importantly, these payments could extend beyond the child’s 25 birthday.

These factors make Puerto Rico a highly complex jurisdiction in which to get a divorce. They can sometimes benefit one spouse over another for years to come. Therefore, it is crucial to evaluate the case carefully to examine the issues involved and the various alternatives or strategies available to minimize the impact of a Puerto Rico divorce. Our team of Puerto Rico Divorce lawyers has years of experience dealing with complicated divorce cases. We are uniquely positioned to help you maneuver a Puerto Rico divorce case, especially if it also involves another state in the United States. Contact us today for a consultation.